Got a 2-bed in Woodside, been in the unit 4 years. My name and my roommate’s are both on the lease. Roommate is heading to Philly for work at the end of next month. I already have a friend (solid job, clean background) who wants to take the room.

Landlord says we can’t just swap names. Wants us to sign a whole new lease with a market-rate bump, plus a lease-prep/change fee. Current lease runs through August, so we’re not even at renewal. I thought a roommate swap was normal. Is this just a money grab, or am I stuck negotiating from zero? Would a lease assignment be better than a new lease? Curious if anyone else has fought this and won.

Wait, I thought if one person leaves they can just get a new roommate? I’m new to this—looking at my first 2-bed with a co-worker. Does the landlord really have to approve the new person? Do they run a credit check? Sorry if dumb question but this feels like it would be a huge deal if it happened to us.

Not a lawyer, but check your lease first. Some landlords sneak in a clause that says changing any occupant = new lease. If it just says no sublets without consent, you might have more room. They can’t just rip up the existing lease because they feel like it. If they want a new lease early, they can ask, but you don’t have to agree.

I’d tell them the replacement will be an additional occupant or subtenant, and you’ll stay responsible for rent. They hate that because it doesn’t reset the rent.

Disagree with the subtenant route if both names are on the lease now. If one leaseholder is leaving, you can’t just hand the room to someone else without landlord consent—it’s not a roommate law situation. But you can ask for a lease assignment; if the landlord unreasonably withholds consent, that’s another story.

I’d also ask for the increase in writing. They can want market, but you can negotiate down from the first number.

Okay I know this is not my lane, but I went deep on this last year! Have you checked if your building has a lease assignment rider or if it’s rent stabilized? Because if the original lease has a renewal option, the landlord can’t just pretend it doesn’t exist. I made a whole timeline of email requests when my roommate left and they tried to charge a 'new tenant fee.' I asked them to show me the signed fee schedule. They couldn’t!

Also, have you tried asking for a landlord consent to roommate form instead of a new lease? It’s such a small piece of paper but it changes the whole conversation!

Somewhat related to what rooftop said—one thing I’ve learned is that if they want to treat this as a brand-new tenancy, they should also be giving you a brand-new condition report, new security deposit receipt, the whole thing. They don’t want that either.

Also, not to derail, but if you end up meeting your potential roommate to talk it over, there’s a thread that might help if you want food after: Flushing birthday dinner for 10 — where can we get a private-ish round table and not get rushed? Flushing birthday dinner for 10 — where can we get a private-ish round table and not get rushed? .

Back on topic: I had a similar fight in Ocean Hill. I ignored the first 'new lease fee' email for a week, then replied asking for a breakdown. They dropped it.

OP, have you actually emailed the landlord back yet? I’m curious what they say when you ask for the increase in writing. I read somewhere that if they can’t show where the fee is in the lease, it’s just made up. Is that true?

Also, if your friend has a guarantor option, does that help? I’m asking because we might be in the same spot soon and I want to learn the script.

Newbie—yes, always get it in writing. Landlords in small buildings love to say 'the owner said' and then disappear when you ask for the actual clause.

MorrisPark_M, one more thing: if you and your roommate are both leaving at end of month, sometimes it’s easier to give notice and have the new person apply as the primary from the start—but then you lose the current rent. Not worth it if the place is good.

I’d offer a compromise: new person goes through credit/background, you sign a roommate addendum, rent stays the same until August, then renewal can go up. You’ll probably still get a bump, but not a whole new lease fee.

Good point about the addendum. I’ve done that in Flatbush. The landlord agreed to a roommate substitution addendum instead of a new lease because I was staying. They still raised rent at renewal, but no early reset and no change fee. The key was showing the replacement had income 40x the room share—not the whole apartment—so they didn’t have an excuse.

If the landlord won’t budge, call the Met Council on Housing. They won’t write a letter for you, but they’ll tell you what to write yourself.

Update: I took the advice and asked for the increase and fee in writing. Landlord’s agent came back with just the market bump and said the fee was 'optional' if I wanted to process faster. I told her we’ll do the addendum and get the new person’s application in this week. Not fully settled, but the fee is gone and the increase only hits at renewal in August. Appreciate all the replies. If it goes sideways I’ll update.